Citation and commencement1
This Act of Sederunt–
a
may be cited as the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004;
b
shall come into force on 30th November 2004; and
c
shall be inserted in the Books of Sederunt.
Amendment and revocation of the principal Rules2
1
In the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 20022, Schedule 1 (Rules for applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002) is amended in accordance with the following paragraphs.
2
After Chapter 3 (Attachment: Articles kept within dwellinghouses) insert–
CHAPTER 4THE DEBT ARRANGEMENT SCHEME (SCOTLAND) REGULATIONS 2004
Interpretation37
1
In this Chapter, “the Regulations” means the Debt Arrangement Scheme (Scotland) Regulations 20043.
2
Any reference in this Chapter to a “regulation” shall be a reference to a regulation of the Regulations.
Applications for approval by sheriff of debt payment programme
38
1
An application to the sheriff for approval of a debt payment programme under regulation 27 of the Regulations shall be in Form 29.
2
An application to which paragraph (1) applies shall be lodged with the sheriff clerk who shall–
a
fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c));
b
obtain from the sheriff a warrant to intimate the application to the debtor and the creditors;
c
intimate the application and warrant to the debtor and the creditors;
d
intimate the warrant to the applicant; and
e
complete a certificate of intimation.
3
A warrant for intimation referred to in this rule shall be in Form 30.
4
A certificate of intimation referred to in this rule shall be in Form 31.
5
An interlocutor granted by the sheriff determining the application for approval of a debt payment programme shall be in Form 32.
39
1
At a hearing fixed under rule 38(2)(a), the sheriff having heard interested parties–
a
shall grant the application in terms of regulation 27(1) if he is satisfied that the programme is fair and reasonable;
b
may require of any of the parties further information before making any determination; or
c
may adjourn the hearing and make the determination at the adjourned hearing.
2
In determining whether a programme is fair and reasonable, the sheriff shall have regard to the matters referred to in regulation 26(2).
3
An approval under rule 39(1)(a) may be made subject to a condition under regulation 30.
Applications for approval by sheriff of variation of debt payment plan
40
1
An application to the sheriff for approval of a variation of a debt payment programme under regulation 39(3) shall be in Form 33.
2
An application to which paragraph (1) applies shall be lodged with the sheriff clerk who shall–
a
fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c));
b
obtain from the sheriff a warrant to intimate the application to the debtor and the creditors;
c
intimate the application and warrant to the debtor and the creditors;
d
intimate the warrant to the applicant; and
e
complete a certificate of intimation.
3
A warrant for intimation referred to in this rule shall be in Form 30.
4
A certificate of intimation referred to in this rule shall be in Form 31.
5
An interlocutor granted by the sheriff determining an application for variation shall be in Form 34.
41
1
At a hearing fixed under rule 40(2)(a), the sheriff having heard interested parties–
a
shall grant the application in terms of regulation 39(3) if, having regard to the matters referred to in regulation 39(4), he is satisfied that the programme is fair and reasonable;
b
may require of any of the parties further information before making any determination; or
c
may adjourn the hearing and make the determination at the adjourned hearing.
2
An approval under rule 41(1)(a) may be made subject to a condition under regulation 30.
3
In Appendix 1 of Schedule 1 (Forms) after Form 28 insert Forms 29 to 34 as set out in the Schedule to this Act of Sederunt.